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Restrictions on illegal downloaders scrapped

French authorities will not be able to restrict web access for illegal downloaders

The
Constitutional
Council of France (CCF), the highest legal authority in the country, has
blocked a highly controversial law that would have restricted internet access
for persistent illegal downloaders.

The so-called
Hadopi
law was
passed
by the French National Assembly on 12 May by 296 to 233. The legislation
would have meant that individuals involved in online copyright infringement
could be banned from using the internet for up to a year after a third offence.

The CCF ruled that "free access to public communication services online" is a
fundamental human right, challenging the view of Christine Albanel, the French
minister of cultural affairs and communications.

"No right is unconditional. It must be reconciled with other forms of freedom
and cannot be invoked to violate the law," Albanel said at this week's
World
Copyright Summit in Washington DC.

Delegates at the summit have sought a united approach to combat illegal
downloading.

The CCF decision will be a blow to French president Nicolas Sarkozy, who
pressed ahead with the 'three strikes' idea even though the European Union
continues to debate the policy. The European Parliament is overwhelmingly
opposed to the plans.

Critics of the legislation have insisted that the law would not have worked
anyway, because downloaders have the technical expertise to find ways to access
any content they want.

"This is a great victory for citizens who proved they can act together to
protect their freedom. Hadopi's 'three strikes' is finally buried," said La
Quadrature du Net co-founder Jérémie Zimmermann.

The UK government
rejected
a similar 'three strikes' policy last week. Andy Burnham, who was culture
secretary at the time, said that cutting people off the internet was not the
government's "preferred option", and that it would back "technical solutions"
instead.